Parental advice

Art. 14. In case either or both of the contracting parties, not having been emancipated by a previous marriage, are between the ages of eighteen and twenty-one, they shall, in addition to the requirements of the preceding articles, exhibit to the local civil registrar, the consent to their marriage of their father, mother, surviving parent or guardian, or persons having legal charge of them, in the order mentioned. Such consent shall be manifested in writing by the interested party, who personally appears before the proper local civil registrar, or in the form of an affidavit made in the presence of two witnesses and attested before any official authorized by law to administer oaths. The personal manifestation shall be recorded in both applications for marriage license, and the affidavit, if one is executed instead, shall be attached to said applications. (61a)

Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (62a)

Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph. (n)


question po,

I'm already 27 and my girlfriend is 24 turning 25. Obviously I don't need parental advice but she does. Can we get a marriage license without parental advice by any chance?

what does the last paragraph means?

wala po bang makakasagot nito?

yes, you can still get a license. there will just be an additional waiting period of 3 months, but it will be issued eventually.

thank you atty and also, i suppose there will be an additional charge for that?

i am not sure about additional cost, but it should be minimal.

Hi Atty, the case is like this.. both contracting parties age is 17 year old..using the old Marriage License (1992) the age were changed into 18 for the girl and 19 un boy but the real age is 17 lang talaga and what's weird on the license wala field sa form for the birthdate kaya di naka-indicate un birthday ng both party...aside from that, signature of both father were just forged. We just checked with the Civil Registry no marriage record found... does this mean void talaga yun marriage from the start and hindi nafile or inaccept for filing sa LCR? Both parties had moved on and may kanya kanya ng life.. do they still need to file for a petition or get a court order to think wala naman marriage cert or any document tapos underage pa... di ba one of the essential requisite yun legal age para makasal? If they will get marry again with other person, may case ba against both them? The guy was able to get a CENOMAR..single parin sya... Please enlighten us and give your advise.. thanks in advance and more power!

let me answer you this way, with no copy in the LCR or in the NSO, it will be very difficult to prove bigamy. hopefully, no one with a copy of the marriage contract will be interested in accusing them of bigamy.

"yes, you can still get a license. there will just be an additional waiting period of 3 months, but it will be issued eventually."

we have the same case, and your saying that we can wait for 3 mos. but the civil registrar in our town says that there is no such 3 mos waiting time, "no parents advice, no license". what should I do?

Argue sections 16 and 18 of the Family Code

Art. 15. Any contracting party between the age of twenty-one and twenty-five shall be obliged to ask their parents or guardian for advice upon the intended marriage. If they do not obtain such advice, or if it be unfavorable, the marriage license shall not be issued till after three months following the completion of the publication of the application therefor. A sworn statement by the contracting parties to the effect that such advice has been sought, together with the written advice given, if any, shall be attached to the application for marriage license. Should the parents or guardian refuse to give any advice, this fact shall be stated in the sworn statement. (62a)

Art. 16. In the cases where parental consent or parental advice is needed, the party or parties concerned shall, in addition to the requirements of the preceding articles, attach a certificate issued by a priest, imam or minister authorized to solemnize marriage under Article 7 of this Code or a marriage counselor duly accredited by the proper government agency to the effect that the contracting parties have undergone marriage counseling. Failure to attach said certificates of marriage counseling shall suspend the issuance of the marriage license for a period of three months from the completion of the publication of the application. Issuance of the marriage license within the prohibited period shall subject the issuing officer to administrative sanctions but shall not affect the validity of the marriage.

Should only one of the contracting parties need parental consent or parental advice, the other party must be present at the counseling referred to in the preceding paragraph. (n)

Art. 17. The local civil registrar shall prepare a notice which shall contain the full names and residences of the applicants for a marriage license and other data given in the applications. The notice shall be posted for ten consecutive days on a bulletin board outside the office of the local civil registrar located in a conspicuous place within the building and accessible to the general public. This notice shall request all persons having knowledge of any impediment to the marriage to advise the local civil registrar thereof. The marriage license shall be issued after the completion of the period of publication. (63a)

Art. 18. In case of any impediment known to the local civil registrar or brought to his attention, he shall note down the particulars thereof and his findings thereon in the application for marriage license, but shall nonetheless issue said license after the completion of the period of publication, unless ordered otherwise by a competent court at his own instance or that of any interest party. No filing fee shall be charged for the petition nor a corresponding bond required for the issuances of the order.